Farrelly v Qantas [2001] NSWCC 162

Farrelly v Qantas [2001] NSWCC 162

Although the applicant was in the course of his employment during the authorised slip time, his voluntary bicycle riding did not arise out of his employment and the employment did not add a substantial causative factor to the injury. The applicant chose bicycle riding for his own fitness interests, was under no compulsion to exercise in that way, and the most important causative element was the little girl moving out and causing him to swerve. Any contribution from Qantas encouraging fitness and providing recreational equipment was not substantial.

Jurisdiction
Australia
Judgment Date
10 August 2001
Procedural Posture
Workers Compensation Claim / Reconsideration Pursuant to CCR Pt 27(1) of an Award Made on 26 November 1999, of the Court's Own Motion
Outcome
Award for the respondent confirmed.
Legal Topics
['substantial Contributing Factor' 'injury in the Course of Employment' 'authorised Break Between Flights' 'recreational Activity During Slip Time']
['workers Compensation'] ['substantial Contributing Factor' 'injury in the Course of Employment' 'authorised Break Between Flights' 'recreational Activity During Slip Time']

Case Brief

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Procedural Posture

Workers Compensation Claim / Reconsideration Pursuant to CCR Pt 27(1) of an Award Made on 26 November 1999, of the Court's Own Motion

Legal Issues

  1. 1 ["Whether the applicant's employment was a substantial contributing factor to his right shoulder injury under s 9A." "Whether the injury sustained while bicycle riding during authorised slip time in Los Angeles arose out of, or only in the course of, the applicant's employment." 'Whether the earlier award for the respondent should be confirmed on reconsideration after subsequent decisions concerning s 9A.']

Ratio Decidendi

Although the applicant was in the course of his employment during the authorised slip time, his voluntary bicycle riding did not arise out of his employment and the employment did not add a substantial causative factor to the injury. The applicant chose bicycle riding for his own fitness interests, was under no compulsion to exercise in that way, and the most important causative element was the little girl moving out and causing him to swerve. Any contribution from Qantas encouraging fitness and providing recreational equipment was not substantial.

Court Disposition

Award for the respondent confirmed.

Orders

  • ['The award for the respondent is confirmed.']